U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:98-cv-03498

Transcription

1 US District Court Civil Docket as of 10/05/1999 U.S. District Court Southern District of Texas (Houston) CIVIL DOCKET FOR CASE #: 4:98-cv Rea, et al v. Zapata Corp, et al Assigned to: Judge Sim Lake Demand: $0 Cause: 28:1331 Fed. Question: Securities Violation Date Filed: 10/21/1998 Jury Demand: Nature of Suit: 890 Other Statutory Actions Jurisdiction: Federal Question Chris Rea on behalf of himself and all others represented by Craig H Averch White & Case LLP 633 W FifthSt Ste 1900 Los Angeles, CA Fax: Howard C Gottlieb Spector & Roseman 1818 Market St 25th Fl Philadelphia, PA ns Sherrie Savett Berger & Montague PC 1622 Locust St Philadelphia, PA Fax: fax Charles Nebesar represented by Jeffrey L Kodroff Spector & Roseman 1818 Market St

2 Ste 2500 Philadelphia, PA Fax: fax William B Emmons Emmons & Jackson PC 3990 Essex Ln at Weslayan Ste 1116 Houston, TX Fax: fax Felix Amor represented by Jeffrey L Kodroff William B Emmons Charlotte Nichols represented by Jeffrey L Kodroff William B Emmons Claude L Vander Ploeg represented by Jeffrey L Kodroff William B Emmons

3 Rick Yanus represented by Jeffrey L Kodroff William B Emmons Frank Disa represented by Jeffrey L Kodroff William B Emmons Chris Rea represented by Jeffrey L Kodroff William B Emmons Mike Hovendick represented by Jeffrey L Kodroff William B Emmons

4 James Redfearn represented by Jeffrey L Kodroff William B Emmons V. Consol Douglas James Equils represented by Craig H Averch Consol Claude L Vander on Behalf of Himself and all Othes Similarly Situated represented by William B Emmons Consol Susan V Goldberg represented by William B Emmons Consol Robert NMN Ritter represented by William B Emmons Consol Peter Wilityer On behalf of himself and all others represented by Craig H Averch

5 Consol Angelique Signorelli On Behalf of Herself and all Others Similarly Situated represented by Craig H Averch Consol Phill On Behalf of Himself and all Others Similarly Situated represented by Craig H Averch Consol Marion Green on behalf of herself and all others represented by William B Emmons Consol Joseph A Smith represented by Robert S Schachter Zwerling Schachter et al 41 Madison Ave New York, NY Roger B Greenberg Schwartz Junell et al 909 Fannin Ste 2000 Houston, TX Fax: fax rgreenberg@schwartz-junell.com Consol Beverly Flaks on behalf of themselves and all others

6 Robert S Schachter Consol Anne Leach Consol Beatrice A Vadas Consol Lynn S Miller on behalf on of herself and all others similarly situtated represented by John R Knight Kasowitz Benson et al 700 Louisiana Ste 2200 Houston, TX Fax: fax Consol Paul Cottlieb Consol Cayolyn on behalf of themselves and all others Consol Malcolm Glazer represented by Joe W Redden, Jr Beck Redden & Secrest 1221 McKinney

7 Ste 4500 Houston, TX Fax: Consol Richard Rice on behalf of himself and all others represented by Craig H Averch Consol John S Peery on behalf of himself and all others f and represented by William B Emmons Consol Michael Woo Consol Michael Woo represented by Debra Brewer Hayes Reich & Binstock 4265 San Felipe Ste 1000 Houston, TX Fax: fax Consol Janet Woo on behalf of themselves and all others represented by Debra Brewer Hayes Consol John P Ryan, Jr on behalf of himself and all others represented by Terry Fitzgerald The Fitzgerald Law Firm PC

8 10077 Grogan's Mill Rd Ste 540 The Woodlands, TX Fax: fax Consol Chris Rea on behalf of himself and all others represented by Craig H Averch Consol Gerald Levine on behalf of himself and all others represented by William B Emmons Consol August L Elsener on behalf of himself and all others represented by William B Emmons Consol Bertrand Sellier represented by William B Emmons Consol Marc Jonas Consol Peter Wilityer on behalf of himself and all others represented by Craig H Averch

9 V. Defendant Zapata Corp represented by Donald W O'Brien Woods Oviatt et al 700 Crossroads Bldg Rochester, NY Gregory W Gribben Woods Oviatt et al 700 Crossroads Bldg Rochester, NY Fax: fax Joe W Redden, Jr Kevin J Yourman Attorney at Law Wilshire Blvd 24th Floor Los Angles, CA Fax: fax Sherrie Savett Defendant Avram A Glazer represented by Donald W O'Brien Gregory W Gribben

10 Joe W Redden, Jr Defendant Eric T Furey represented by Thomas Robert Ajamie Schirrmeister Ajamie 711 Louisiana Ste 2150 Houston, TX Fax: fax Defendant Joseph L Von Rosenberg, III represented by Thomas Robert Ajamie V. Consol Defendant Beverly Flaks Robert S Schachter Consol Defendant Harvey Schefren represented by Robert A Schachter Robinson Brog et al 1345 Ave of the Americas New York, NY Fax: fax

11 Consol Defendant Flaks Green Vadas Levine Movant Beverly Flaks represented by Robert S Schachter Roger B Greenberg Movant Supporting Shareholders Movant Beverly Flaks Robert S Schachter Movant Harvey Schefren represented by Robert A Schachter Movant

12 Steve Arnold represented by Jeffrey W Chambers Ware Snow et al 2929 Allen Pkwy 42nd Flr Houston, TX Fax: fax William Kelly Puls Attorney at Law 2600 Airport Freeway Fort Worth, TX Fax: fax Date Filed # Docket Text 10/21/ Class Action COMPLAINT filed; FILING FEE $ RECEIPT # (leddins) (Entered: 10/22/1998) 10/21/ Order setting Initial Pretrial and Scheduling Conference at 2:00 on 1/15/99 before Judge Sim Lake and Order to Disclose Interested Persons, filed. Party filing case notified. (leddins) Modified on 10/26/1998 (Entered: 10/22/1998) 10/21/ SUMMONS issued for Zapata Corp, Avram A Glazer, Eric T Furey, Joseph L Von Rosenberg III (leddins) (Entered: 10/22/1998) 10/27/ RETURN OF SERVICE executed as to Avram A Glazer 10/21/98 filed Answer due on 11/10/98 for Avram A Glazer (hlerma) (Entered: 10/28/1998) 10/27/ RETURN OF SERVICE executed as to Joseph L Von Rosenberg III 10/21/98 filed Answer due on 11/10/98 for Joseph L Von Rosenberg III (hlerma) (Entered: 10/28/1998) 10/27/ RETURN OF SERVICE executed as to Eric T Furey 10/21/98 filed Answer due on 11/10/98 for Eric T Furey (hlerma) (Entered: 10/28/1998) 10/28/ RETURN OF SERVICE executed as to Zapata Corp 10/21/98 filed Answer due on 11/10/98 for Zapata Corp (hlerma) (Entered: 10/28/1998) 11/05/ CERTIFICATE Of Financially Interested Persons or Entities, by Zapata Corp, Avram A Glazer, filed (psmith) (Entered: 11/05/1998) 11/05/ Minute entry: TRO Hrg. and Mandatory Injunction. Argument heard on the record. A Memorandum and Recommendation will be submitted to Judge Sime Lake. Scheduling Order to follow. terminated deadlines (hlerma) (Entered: 11/06/1998)

13 11/06/ Certificate of Interested Parties by Chris Rea, filed (hlerma) (Entered: 11/06/1998) 11/10/1998 Proposed stipulation/order by pltf Chris Rea and defts Eric Furey and Joseph von Rosenberg fwd'd to CRD. (ddarneille) (Entered: 11/10/1998) 11/10/1998 Rec'd Stipulation, frwd to CRD (psmith) (Entered: 11/13/1998) 11/11/ STIPULATION, entered; Parties notified. ( signed by Judge Sim Lake ) (psmith) (Entered: 11/12/1998) 11/20/ NOTICE of Certificate of Financially Ineresed Persons or Entities by Zapata Corp, Avram A Glazer, filed (hlerma) (Entered: 11/20/1998) 12/21/ MOTION to consolidate cases, Motion Docket Date 1/10/99 [12-1] motion by Marc Jonas, Joseph Smith, Beferly Flaks, Anne Leach, Beatrice Vadas, Paul Gottlieb and Carolyn Gottlieb, filed. (fmremp) (Entered: 12/21/1998) 12/21/ NOTICE OF MOTION AND MOTION with memorandum in support for appointment of lead Pltfs and approval of selection of lead counsel and Affidavit of Robert S. Schachter with Exhibits by Beverly Flaks et al, Motion Docket Date 1/10/99 [13-1] motion, filed (hlerma) (Entered: 12/22/1998) 12/21/ UNOPPOSED MOTION to consolidate cases for all purposes by Chris Rea, Motion Docket Date 1/10/99 [14-1] motion, filed. (fmremp) (Entered: 12/22/1998) 12/21/ MEMORANDUM by Chris Rea in support of [14-1] motion to consolidate cases for all purposes, filed (fmremp) (Entered: 12/22/1998) 12/21/ MOTION for appointment of lead pltf's and approval of lead pltf's selection of colead counsel by Zapata Group pltf's, Motion Docket Date 1/10/99 [16-1] motion, filed. (fmremp) (Entered: 12/22/1998) 12/21/ MEMORANDUM in support of [16-1] motion for appointment of lead pltf's and approval of lead pltf's selection of co-lead counsel by Zapata pltf's, filed (fmremp) (Entered: 12/22/1998) 12/21/ APPENDIX to [16-1] motion for appointment of lead pltf's and approval of lead pltf's selection of co-lead counsel, filed. (4 brown expandable folders) (fmremp) (Entered: 12/22/1998) 01/05/ ORDER granting [12-1] motion to consolidate cases, with member cases 98cv3498, 98cv3561, 98cv3609, 98cv3608, 98cv3634, 98cv3635, 98cv3643, 98cv3645, 98cv3667, 98cv3712, 98cv3753, 98cv3754, 98cv3815, 98cv3852, 98cv3886, 98cv3939, 98cv4059, 98cv4156, 98cv4212 and 98cv4236. Except for paragraph 2, the Orders for Conference in all cases other than 98cv3498 are VACATED. entered; Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 01/06/1999) 01/05/1999 Consolidated Lead Case with various member cases. (see order #19) (hlerma) (Entered: 01/06/1999) 01/06/ UNOPPOSED MOTION for temporary stay of all obligations under Rule 26(a)(f) by Zapata Corp, Motion Docket Date 1/26/99 [20-1] motion, filed. (fmremp) (Entered: 01/06/1999)

14 01/07/ JOINDER by Beverly Flaks in support of [20-1] motion for temporary stay of all obligations under Rule 26(a)(f) and (f) filed by other Pltfs, filed (hlerma) Modified on 01/08/1999 (Entered: 01/07/1999) 01/07/ ORDER granting [20-1] motion for temporary stay of all obligations under Rule 26(a)(f), entered; paragraphs 3 and 7 of the Order for Conference are stayed and the requirements of FED.R. Civ.P. 26(a) and (f) are stayed. Parties notified. ( signed by Judge Sim Lake ) (bgarces) (Entered: 01/08/1999) 01/11/ RESPONSE The Zapata s Group in opposition to The Flaks Group's [16-1] motion for appointment of lead pltf's and approval of lead pltf's selection of co-lead counsel, filed (fmremp) (Entered: 01/12/1999) 01/11/ RESPONSE by Zapata Corp, Avram A Glazer to [16-1] motion for appointment of lead pltf's and approval of lead pltf's selection of co-lead counsel, filed. (fmremp) (Entered: 01/12/1999) 01/11/ RESPONSE by Beverly Flaks, Harvey Schefren in opposition to [16-1] motion for appointment of lead pltf's and approval of lead pltf's selection of co-lead counsel, filed (fmremp) (Entered: 01/12/1999) 01/11/ OBJECTION by Eric T Furey, Joseph L Von Rosenberg III to suggestion of "Zapata s' Group", [16-1] motion for appointment of lead pltf's and approval of lead pltf's selection of co-lead counsel, to limit defendants' rights to discovery, filed (fmremp) (Entered: 01/12/1999) 01/13/ UNOPPOSED MOTION for Matthew J. Zevin to appear pro hac vice by Zapata Corp, Motion Docket Date 2/2/99 [27-1] motion, filed. (hlerma) (Entered: 01/13/1999) 01/13/ AFFIDAVIT of Matthew J. Zevin Re: [27-1] motion for Matthew J. Zevin to appear pro hac vice, filed (hlerma) (Entered: 01/13/1999) 01/14/ ORDER granting Zapata's [27-1] motion for Matthew J. Zevin to appear pro hac vice, entered; Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 01/14/1999) 01/15/ ORDER denying [13-1] motion for appointment of lead Pltfs and approval of selection of lead counsel and granting [16-1] motion for appointment of lead pltf's and approval of lead pltf's selection of co-lead counsel. The Ct. hereby APPOINTS the following members of the Zapata Pltfs Group as Lead Pltfs in this consolidated action: Charles Nebesar, Felix Amor, Chartte Nichols, Claude L. Vander Ploeg, Rich Yanus, Frank Disa, Chris Rea, Mike Hovendick, and James Redfearn. Lead Pltfs seletion Co-Lead Counsel for the class is APPROVED. The law firms Berger & Montague, P.C., Wss & Yourman, and Spector & Roseman, P.C. are APPOINTED as lead Pltfs' Co-Lead Counsel. The atty in charge under Local Rule 2 for the lead Pltf Wm. B. Emmons., entered; Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 01/19/1999) 01/15/ Minute Entry Order: Hrg. held; Apps: Zevin, Stock, Jackson, Emmons, Kodroff, Speirs and Greenber, Ajamaie, Jobe and Jones. terminated deadlines denying [13-1] motion for appointment of lead Pltfs and approval of selection of lead counsel granting [14-1] motion to consolidate cases for all purposes. Pltf shall file amended

15 complaint within thirty (30) days. Defts shall file a motion to Dismiss within fortyfive days after pltfs file their amended compalint; Pltf shall have forty-five (45) days to respond to dismiss; Defts shall have twenty (20) days to file a reply. Ct Reporter: F. Warner, entered. Parties ntfd. ( Signed by Judge Sim Lake ) (hlerma) (Entered: 01/19/1999) 01/19/1999 MOTION for Richard A. Speirs to appear pro hac vice by Chris Rea, Motion Docket Date 2/8/99 [0-1] motion, filed. (hlerma) (Entered: 01/19/1999) 01/21/ ORDER granting [0-1] motion for Robert S. Schachter to appear pro hac vice pursuant to L. R. 1, entered. Parties ntfd. ( Signed by Judge Lynn N. Hughes ) (hlerma) (Entered: 01/22/1999) 01/21/ MOTION AND ORDER FOR ADMISSION PRO HAC VICE of Richard Speirs on behalf of Class, entered; Parties notified. ( signed by Judge Sim Lake ) (fmremp) (Entered: 01/22/1999) 01/21/ MOTION & ORDER FOR ADMISSION PRO HAC VICE of Robert Schachter on behalf of Flaks and Smith, entered; Parties notified. ( signed by Judge Sim Lake ) (fmremp) (Entered: 01/22/1999) 01/27/ MOTION for Jeffrey L. Kodroff and Henry C. Gottlieb to appear pro hac vice by Chris Rea, Motion Docket Date 2/16/99 [35-1] motion, filed. (hlerma) (Entered: 01/28/1999) 01/27/ AFFIDAVIT of Jeffrey L. Kodroff Re: [35-1] motion for Jeffrey L. Kodroff and Henry C. Gottlieb to appear pro hac vice, filed (hlerma) (Entered: 01/28/1999) 01/27/ AFFIDAVIT of Howard C. Gottlieb in support of Re: [35-1] motion for Jeffrey L. Kodroff and Henry C. Gottlieb to appear pro hac vice, filed (hlerma) (Entered: 01/28/1999) 01/29/ ORDER granting [35-1] motion for Jeffrey L. Kodroff and Henry C. Gottlieb to appear pro hac vice, entered; Parties notified. ( signed by Judge Sim Lake ) (fmremp) (Entered: 01/29/1999) 02/03/ UNOPPOSED MOTION for Sherri R. Savett, Arthur Stock and Kevin J. Yourman to appear pro hac vice by Charles Nebesar, Felix Amor, Charlotte Nichols, Claude L Vander Ploeg, Rick Yanus, Frank Disa, Chris Rea, Mike Hovendick, James Redfearn, Motion Docket Date 2/23/99 [39-1] motion, filed. (fmremp) (Entered: 02/03/1999) 02/03/ AFFIDAVIT of Sherrie R. Savett Re: [39-1] motion for Sherri R. Savett, Arthur Stock and Kevin J. Yourman to appear pro hac vice, filed (fmremp) (Entered: 02/03/1999) 02/03/ AFFIDAVIT of Arthur Stock Re: [39-1] motion for Sherri R. Savett, Arthur Stock and Kevin J. Yourman to appear pro hac vice, filed (fmremp) (Entered: 02/03/1999) 02/03/ AFFIDAVIT of Kevin J. Yourman Re: [39-1] motion for Sherri R. Savett, Arthur Stock and Kevin J. Yourman to appear pro hac vice, filed (fmremp) (Entered: 02/03/1999)

16 02/04/ ORDER granting Pltf's [39-1] motion for Sherri R. Savett, Arthur Stock and Kevin J. Yourman to appear pro hac vice, Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 02/04/1999) 02/12/ UNOPPOSED MOTION for Donald O'Brien and Gregory Gribben to appear pro hac vice by Zapata Corp, Avram Glazer, Motion Docket Date 3/4/99 [44-1] motion, filed. (fmremp) (Entered: 02/12/1999) 02/16/ Consolidated Class Action Complaint by Zapata Corp, filed (hlerma) (Entered: 02/16/1999) 02/16/ ORDER granting Zapata Corp and Avram A. Glazer's [44-1] motion for Donald O'Brien and Gregory Gribben to appear pro hac vice, entered; Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 02/16/1999) 03/30/ UNOPPOSED MOTION for leave to exceed page limit by Zapata Corp, Avram A Glazer, Motion Docket Date 4/19/99 [47-1] motion, filed. (psmith) (Entered: 03/31/1999) 03/31/ ORDER granting Zapata's [47-1] motion for leave to exceed page limit, entered; Parties notified. ( signed by Judge Sim Lake ) (psmith) (Entered: 03/31/1999) 04/02/ MOTION to dismiss complaint pursuant to FRCP 12(b)(6) by Eric T Furey, Joseph L Von Rosenberg III, Motion Docket Date 4/22/99 [49-1] motion, filed. (hlerma) Modified on 06/08/1999 (Entered: 04/02/1999) 04/02/ MEMORANDUM by Eric T Furey, Joseph L Von Rosenberg III in support of [49-1] motion to dismiss complaint pursuant to F RCP 12(b)(6), filed (hlerma) Modified on 06/28/1999 (Entered: 04/02/1999) 04/02/ MOTION to dismiss the consolidated class action complaint by Zapata Corp, Avram A Glazer, Motion Docket Date 4/22/99 [51-1] motion, filed. (hlerma) (Entered: 04/02/1999) 04/02/ MEMORANDUM by Zapata Corp, Avram A Glazer in support of [51-1] motion to dismiss the consolidated class action complaint, filed (hlerma) (Entered: 04/02/1999) 04/02/ APPENDIX by Zapata Corp, Avram A Glazer to [51-1] motion to dismiss the consolidated class action complaint, filed. (hlerma) Modified on 06/28/1999 (Entered: 04/02/1999) 04/26/ NOTICE of PENDENCY OF SUIT by Steve Arnold, filed (fmremp) (Entered: 04/26/1999) 05/11/ MOTION for leave to exceed page limit by Chris Rea, Motion Docket Date 5/31/99 [55-1] motion, filed. (fmremp) (Entered: 05/12/1999) 05/12/ ORDER granting Pltfs [55-1] motion for leave to exceed page limit, entered; Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 05/13/1999) 05/13/ UNOPPOSED MOTION for leave to exceed page limit by Chris Rea, Motion Docket Date 6/2/99 [57-1] motion, filed. (hlerma) (Entered: 05/13/1999) 05/17/ MEMORANDUM by Chris Rea, et al, in opposition to [51-1] motion to dismiss the

17 consolidated class action complaint, filed (fmremp) (Entered: 05/17/1999) 05/17/ MEMORANDUM by Chris Rea, et al, in opposition to [49-1] motion to dismiss complaint pursuant to F RCP 12(b)(6), filed (fmremp) (Entered: 05/17/1999) 05/17/ Compendium of Unreported Authority Cited in s' memorandum in support of [59-1] opposition memorandum, [58-1] opposition memorandum, filed (fmremp) Modified on 06/28/1999 (Entered: 05/17/1999) 06/07/ REPLY MEMORANDUM by Eric T Furey, Joseph L Von Rosenberg III in support of [49-1] motion to dismiss complaint pursuant to FRCP 12(b)(6), filed (hlerma) (Entered: 06/08/1999) 06/07/ REPLY MEMORANDUM by Zapata Corp, Avram A Glazer in support of [51-1] motion to dismiss the consolidated class action complaint, filed (hlerma) (Entered: 06/08/1999) 06/07/ APPENDIX by Zapata Corp, Avram A Glazer to [62-1] support memorandum, filed. (hlerma) (Entered: 06/08/1999) 06/28/ SUPPLEMENTAL [63-1] appendix to [62-1] reply memorandum of law in support of defts' [51-1] motion to dismiss the consolidated class action complaint by Zapata Corp, Avram A Glazer, filed. (ltien) (Entered: 06/28/1999) 07/20/ NOTICE of Letter brief by Eric T Furey, Joseph L Von Rosenberg III regarding recent decisions addressing the PSLRA pleading standard, filed (hlerma) (Entered: 07/21/1999) 07/29/ RESPONSE by Chris Rea in Sur-Opposition to [64-1] supplement letter brief in support of Defts Motion to Dismsis, filed (hlerma) (Entered: 07/29/1999) 08/16/ ORDER granting motion to CONSOLIDATE into , entered; Parties notified. ( signed by Judge John D. Rainey ) (ltien) (Entered: 08/17/1999) 08/17/ Notice of change of address for Atty Daniel D Gartner, filed. (hlerma) (Entered: 08/17/1999) 09/14/ OPINION AND ORDER granting [51-1] motion to dismiss the consolidated class action complaint and granting [49-1] motion to dismiss complaint pursuant to FRCP 12(b)(6), entered. Parties notified. ( signed by Judge Sim Lake ) (hlerma) (Entered: 09/15/1999) 09/14/ FINAL JUDGMENT Case is DISMISSED with prejudice, entered. Parties ntfd. ( signed by Judge Sim Lake ) (hlerma) (Entered: 09/15/1999) 09/14/1999 Case closed (hlerma) (Entered: 09/15/1999) 10/05/1999 MAIL RETURNED UNDELIVERABLE as to Steve Arnold re: [69-1] order (not at this address) (hlerma) (Entered: 10/05/1999) Note: Links in this docket are stored in the PACER system (Public Access to Court Electronic Records). PACER is a service of United States Judiciary. To view and retrieve the linked documents from PACER you must be a registered user. To register, fill out one of the registration forms available on the PACER site. The United States Congress has given the Judicial Conference of the

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